Deep Green Corporation Pty Ltd T/A Deep Green Landscaping

[2021] FWCA 5818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Deep Green Corporation Pty Ltd T/A Deep Green Landscaping
(AG2021/6971)

DEEP GREEN CORPORATION PTY LTD ENTERPRISE AGREEMENT 2021

Gardening services
COMMISSIONER WILSON	MELBOURNE, 14 SEPTEMBER 2021

Application for approval of the DEEP GREEN CORPORATION PTY LTD ENTERPRISE AGREEMENT 2021

[1] An application has been made for approval of an enterprise agreement known as the DEEP GREEN CORPORATION PTY LTD ENTERPRISE AGREEMENT 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Deep Green Corporation Pty Ltd T/A Deep Green Landscaping. The Agreement is a single enterprise agreement.

[2] The copy of the Agreement as provided to the Fair Work Commission included a pre-emptive written undertaking removing sub-clause 5.1 (b) and sub-clause 5.3 from the Agreement.

[3] The Employer has also provided additional written undertakings in response to matters raised by the Fair Work Commission. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2021. The nominal expiry date of the Agreement is 14 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Deep Green Corporation Pty Ltd, trading as Deep Green Landscaping, applied to the Fair Work Commission for approval of their enterprise agreement, the Deep Green Corporation Pty Ltd Enterprise Agreement 2021. The company sought to formalise various terms and conditions of employment for its employees. The dispute centred around the fairness and compliance of the proposed agreement with the Fair Work Act 2009.

The primary legal issues for the Commission to decide were whether the agreement was made in good faith and whether it met the requirements of the Fair Work Act. The Commission had to consider if the agreement contained minimum entitlements and if it was free from any provisions that might be considered harsh, unjust, or unreasonable. Additionally, the Commission had to ensure that the agreement provided for proper mechanisms for dispute resolution.

The Fair Work Commission examined the agreement thoroughly, considering submissions from both the employer and the employees' representatives. The Commission found that the agreement was made in good faith and included all mandatory minimum entitlements. It was also deemed to be free from any unfair provisions and provided adequate dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement.

The final order was that the Deep Green Corporation Pty Ltd Enterprise Agreement 2021 was approved and registered under the Fair Work Act 2009. This decision allowed the terms and conditions of employment as outlined in the agreement to be legally binding on the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established